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ROBERT BOWIE, ESQUIRE, GOVERNOR.
therein, a road, not exceeding thirty feet in width, to commence
at or near John Ruth's mill, in Tuckahoe Neck, and to run
in the best and straightest direction that the nature of the ground
and other circumstances will admit, until it intersects the public
road leading from Denton to Price's ferry, at or near a causeway
at the northerly corner of the late Henry Rhode's plantation, in
Caroline county; and the road, when so opened at the expense of
the petitioners as aforesaid, and the valuation herein after directed
to be made shall be paid, or secured to be paid, to the individuals
concerned, shall be recorded among the records of Caroline county
court, and be thereafter deemed and taken to be a public road for
ever, and shall be kept in repair in the same manner as other public
roads in said county. |
1804.
CHAP. 28. |
3. AND BE IT ENACTED, That the said commissioners
may appoint
one of their number as treasurer, and give him a certificate
under their hands of his appointment, who is hereby enjoined and
empowered to collect and receive all monies subscribed, or that
may be subscribed, for the purpose of opening the said road, and
such subscribers are hereby directed to pay their several subscriptions
to the treasurer appointed as aforesaid; and if any person
shall neglect or refuse, when applied to by the aforesaid treasurer,
to pay his subscription money, the said treasurer may be and he is
hereby authorised to sue for, recover and receive the same; and the
said monies, when received, shall be applied by the said commissioners,
or any three of them, to the purpose of this act. |
To appoint a treasurer. |
4. AND BE IT ENACTED, That the commissioners
aforesaid
shall ascertain and value what damages may be sustained by any
person or persons through whose land the said road may pass, by
opening the same, and the said valuation shall be made before the
said commissioners shall proceed to open the same; Provided always,
that if any person or persons through whose land the said
road shall pass, or his, her or their guardian or trustee, shall conceive
themselves aggrieved by such valuation and assessment of
damages by the said commissioners, it shall and may be lawful for
any justice of the peace of the said county of Caroline, on application
of the party interested, to issue his warrant, under hand
and seal, directed to any constable of the county, commanding him
to summon any five freeholders, disinterested as to the said road,
to appear, on a day by him to be appointed, on the land of a person
making application as aforesaid; and if the said freeholders, having
first made oath before some justice of the peace, that they will,
without favour, affection, prejudice or partiality, assess the damages
sustained by the person or persons at whose request such inquisition
shall be taken, by reason of opening the aforesaid road
through his, her or their land, shall thereupon proceed to assess
and value the damages accordingly, of which the said commissioners
shall have had at least five days previous notice, and shall return
the damages so assessed to the said justice of the peace, and
such inquisition and valuation shall be final and conclusive; and the
party or parties in whose favour the valuation ascertained by the
said commissioners, or the damages assessed by the said freeholders,
shall be made, shall be entitled to receive the same from the
said commissioners; and the said commissioners shall pay, or secure
to be paid, the amount of the said valuation or damages, to |
Damages to be ascertained.
Proviso. |
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